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At the disciplinary hearing, the Chief of Police or his designee, will ask the employee or <br />his representative to respond to the allegations of misconduct which were outlined to the <br />employee. At the hearing, the employee may present any testimony, witnesses, or <br />documents which he feels may be germane to the charges. The employee shall provide a <br />list of witnesses, and the name and occupation of his representative, if any, to the <br />Employer as far in advance as possible, but no later than eight (8) hours prior to the <br />hearing. It is the employee's responsibility to notify his witnesses that he desires their <br />attendance at the hearing. <br />The employee, as well as the employer, will be permitted to confront and cross examine <br />witnesses. A written report will be prepared by the Chief of Police, or his designee, <br />concluding whether or not the alleged misconduct occurred. A copy of the Chief's <br />report will be provided to the employee within five (5) calendar days following its <br />preparation. <br />16.3 Disciplinary action may be appealed through the arbitration procedure. A notice <br />to arbitrate disciplinary actions must be filed with the Employer within five (5) calendar <br />days from the receipt of the notice of discipline. <br />16.4 Any employee under indictment or arrest for a felony shall be placed on leave of <br />absence without pay until resolution of the court proceedings. An employee may use <br />accrued vacation, holiday, or personal time during the leave. An employee found guilty <br />by the trial court may be discharge. An employee found innocent of the charges shall be <br />paid for all lost time and shall have any vacation, holiday, or personal time restored to <br />his credit. In addition, all expected cost or premium cost hospitalization benefits paid by <br />such employee shall be reimbursed less amount of employee co-payment required per <br />article 11. The Employer shall, during the period for which the employee is utilizing <br />vacation, holidays or personal time, continue to pay the employee's insurance premiums <br />ri#N- during the leave of absence. <br />,;r°u?w, <br />25 <br />